Improving Interagency Coordination for Pipeline Reviews Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3668 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3668

       To promote interagency coordination for reviewing certain
 authorizations under section 3 of the Natural Gas Act, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2025

  Mr. Hudson (for himself and Mr. Balderson) introduced the following
 bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

       To promote interagency coordination for reviewing certain
 authorizations under section 3 of the Natural Gas Act, and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Interagency Coordination
for Pipeline Reviews Act''.

SEC. 2. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS
              PIPELINES.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal
        Energy Regulatory Commission.
            (2) Federal authorization.--The term ``Federal
        authorization'' has the meaning given that term in section
        15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
            (3) NEPA review.--The term ``NEPA review'' means the
        process of reviewing a proposed Federal action under section
        102 of the National Environmental Policy Act of 1969 (42 U.S.C.
        4332).
            (4) Project-related nepa review.--The term ``project-
        related NEPA review'' means any NEPA review required to be
        conducted with respect to the issuance of an authorization
        under section 3 of the Natural Gas Act or a certificate of
        public convenience and necessity under section 7 of such Act.
    (b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act for the purposes
of complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Commission shall, in
accordance with this section and other applicable Federal law--
            (1) be the only lead agency;
            (2) coordinate as early as practicable with each agency
        designated as a participating agency under subsection (d)(3) to
        ensure that the Commission develops information in conducting
        its project-related NEPA review that is usable by the
        participating agency in considering an aspect of an application
        for a Federal authorization for which the agency is
        responsible; and
            (3) take such actions as are necessary and proper to
        facilitate the expeditious resolution of its project-related
        NEPA review.
    (c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, each
agency shall give deference, to the maximum extent authorized by law,
to the scope of the project-related NEPA review that the Commission
determines to be appropriate.
    (d) Participating Agencies.--
            (1) Identification.--The Commission shall identify, not
        later than 30 days after the Commission receives an application
        for an authorization under section 3 of the Natural Gas Act or
        a certificate of public convenience and necessity under section
        7 of such Act, any Federal or State agency, local government,
        or Indian Tribe that may issue a Federal authorization or is
        required by Federal law to consult with the Commission in
        conjunction with the issuance of a Federal authorization
        required for such authorization or certificate.
            (2) Invitation.--
                    (A) In general.--Not later than 45 days after the
                Commission receives an application for an authorization
                under section 3 of the Natural Gas Act or a certificate
                of public convenience and necessity under section 7 of
                such Act, the Commission shall invite any agency
                identified under paragraph (1) to participate in the
                review process for the applicable Federal
                authorization.
                    (B) Deadline.--An invitation issued under
                subparagraph (A) shall establish a deadline by which a
                response to the invitation shall be submitted to the
                Commission, which may be extended by the Commission for
                good cause.
            (3) Designation as participating agencies.--Not later than
        60 days after the Commission receives an application for an
        authorization under section 3 of the Natural Gas Act or a
        certificate of public convenience and necessity under section 7
        of such Act, the Commission shall designate an agency
        identified under paragraph (1) as a participating agency with
        respect to an application for authorization under section 3 of
        the Natural Gas Act or a certificate of public convenience and
        necessity under section 7 of such Act unless the agency informs
        the Commission, in writing, by the deadline established
        pursuant to paragraph (2)(B), that the agency--
                    (A) has no jurisdiction or authority with respect
                to the applicable Federal authorization;
                    (B) has no special expertise or information
                relevant to any project-related NEPA review; or
                    (C) does not intend to submit comments for the
                record for the project-related NEPA review conducted by
                the Commission.
            (4) Effect of non-designation.--
                    (A) Effect on agency.--Any agency that is not
                designated as a participating agency under paragraph
                (3) with respect to an application for an authorization
                under section 3 of the Natural Gas Act or a certificate
                of public convenience and necessity under section 7 of
                such Act may not request or conduct a NEPA review that
                is supplemental to the project-related NEPA review
                conducted by the Commission, unless the agency--
                            (i) demonstrates that such review is
                        legally necessary for the agency to carry out
                        responsibilities in considering an aspect of an
                        application for a Federal authorization; and
                            (ii) requires information that could not
                        have been obtained during the project-related
                        NEPA review conducted by the Commission.
                    (B) Comments; record.--The Commission shall not,
                with respect to an agency that is not designated as a
                participating agency under paragraph (3) with respect
                to an application for an authorization under section 3
                of the Natural Gas Act or a certificate of public
                convenience and necessity under section 7 of such Act--
                            (i) consider any comments or other
                        information submitted by such agency for the
                        project-related NEPA review conducted by the
                        Commission; or
                            (ii) include any such comments or other
                        information in the record for such project-
                        related NEPA review.
    (e) Water Quality Impacts.--
            (1) In general.--Notwithstanding section 401 of the Federal
        Water Pollution Control Act (33 U.S.C. 1341), an applicant for
        a Federal authorization shall not be required to provide a
        certification under such section with respect to the Federal
        authorization.
            (2) Coordination.--With respect to any NEPA review for a
        Federal authorization to conduct an activity that will directly
        result in a discharge into the navigable waters (within the
        meaning of the Federal Water Pollution Control Act), the
        Commission shall identify as an agency under subsection (d)(1)
        the State in which the discharge originates or will originate,
        or, if appropriate, the interstate water pollution control
        agency having jurisdiction over the navigable waters at the
        point where the discharge originates or will originate.
            (3) Proposed conditions.--A State or interstate agency
        designated as a participating agency pursuant to paragraph (2)
        may propose to the Commission terms or conditions for inclusion
        in an authorization under section 3 of the Natural Gas Act or a
        certificate of public convenience and necessity under section 7
        of such Act that the State or interstate agency determines are
        necessary to ensure that any activity described in paragraph
        (2) conducted pursuant to such authorization or certification
        will comply with the applicable provisions of sections 301,
        302, 303, 306, and 307 of the Federal Water Pollution Control
        Act.
            (4) Commission consideration of conditions.--The Commission
        may include a term or condition in an authorization under
        section 3 of the Natural Gas Act or a certificate of public
        convenience and necessity under section 7 of such Act proposed
        by a State or interstate agency under paragraph (3) only if the
        Commission finds that the term or condition is necessary to
        ensure that any activity described in paragraph (2) conducted
        pursuant to such authorization or certification will comply
        with the applicable provisions of sections 301, 302, 303, 306,
        and 307 of the Federal Water Pollution Control Act.
    (f) Schedule.--
            (1) Deadline for federal authorizations.--A deadline for a
        Federal authorization required with respect to an application
        for authorization under section 3 of the Natural Gas Act or a
        certificate of public convenience and necessity under section 7
        of such Act set by the Commission under section 15(c)(1) of
        such Act shall be not later than 90 days after the Commission
        completes its project-related NEPA review, unless an applicable
        schedule is otherwise established by Federal law.
            (2) Concurrent reviews.--Each Federal and State agency--
                    (A) that may consider an application for a Federal
                authorization required with respect to an application
                for authorization under section 3 of the Natural Gas
                Act or a certificate of public convenience and
                necessity under section 7 of such Act shall formulate
                and implement a plan for administrative, policy, and
                procedural mechanisms to enable the agency to ensure
                completion of Federal authorizations in compliance with
                schedules established by the Commission under section
                15(c)(1) of such Act; and
                    (B) in considering an aspect of an application for
                a Federal authorization required with respect to an
                application for authorization under section 3 of the
                Natural Gas Act or a certificate of public convenience
                and necessity under section 7 of such Act, shall--
                            (i) formulate and implement a plan to
                        enable the agency to comply with the schedule
                        established by the Commission under section
                        15(c)(1) of such Act;
                            (ii) carry out the obligations of that
                        agency under applicable law concurrently, and
                        in conjunction with, the project-related NEPA
                        review conducted by the Commission, and in
                        compliance with the schedule established by the
                        Commission under section 15(c)(1) of such Act,
                        unless the agency notifies the Commission in
                        writing that doing so would impair the ability
                        of the agency to conduct needed analysis or
                        otherwise carry out such obligations;
                            (iii) transmit to the Commission a
                        statement--
                                    (I) acknowledging receipt of the
                                schedule established by the Commission
                                under section 15(c)(1) of the Natural
                                Gas Act; and
                                    (II) setting forth the plan
                                formulated under clause (i) of this
                                subparagraph;
                            (iv) not later than 30 days after the
                        agency receives such application for a Federal
                        authorization, transmit to the applicant a
                        notice--
                                    (I) indicating whether such
                                application is ready for processing;
                                and
                                    (II) if such application is not
                                ready for processing, that includes a
                                comprehensive description of the
                                information needed for the agency to
                                determine that the application is ready
                                for processing;
                            (v) determine that such application for a
                        Federal authorization is ready for processing
                        for purposes of clause (iv) if such application
                        is sufficiently complete for the purposes of
                        commencing consideration, regardless of whether
                        supplemental information is necessary to enable
                        the agency to complete the consideration
                        required by law with respect to such
                        application; and
                            (vi) not less often than once every 90
                        days, transmit to the Commission a report
                        describing the progress made in considering
                        such application for a Federal authorization.
            (3) Failure to meet deadline.--If a Federal or State
        agency, including the Commission, fails to meet a deadline for
        a Federal authorization set forth in the schedule established
        by the Commission under section 15(c)(1) of the Natural Gas
        Act, not later than 5 days after such deadline, the head of the
        relevant Federal agency (including, in the case of a failure by
        a State agency, the Federal agency overseeing the delegated
        authority) shall notify Congress and the Commission of such
        failure and set forth a recommended implementation plan to
        ensure completion of the action to which such deadline applied.
    (g) Consideration of Applications for Federal Authorization.--
            (1) Issue identification and resolution.--
                    (A) Identification.--Federal and State agencies
                that may consider an aspect of an application for a
                Federal authorization shall identify, as early as
                possible, any issues of concern that may delay or
                prevent an agency from working with the Commission to
                resolve such issues and granting such authorization.
                    (B) Issue resolution.--The Commission may forward
                any issue of concern identified under subparagraph (A)
                to the heads of the relevant agencies (including, in
                the case of an issue of concern that is a failure by a
                State agency, the Federal agency overseeing the
                delegated authority, if applicable) for resolution.
            (2) Remote surveys.--If a Federal or State agency
        considering an aspect of an application for a Federal
        authorization requires the person applying for such
        authorization to submit data, the agency shall consider any
        such data gathered by aerial or other remote means that the
        person submits. The agency may grant a conditional approval for
        the Federal authorization based on data gathered by aerial or
        remote means, conditioned on the verification of such data by
        subsequent onsite inspection.
            (3) Application processing.--The Commission, and Federal
        and State agencies, may allow a person applying for a Federal
        authorization to fund a third-party contractor to assist in
        reviewing the application for such authorization.
    (h) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7 of such
Act that requires multiple Federal authorizations, the Commission, with
input from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete the Federal authorizations. Such information shall include the
following:
            (1) The schedule established by the Commission under
        section 15(c)(1) of the Natural Gas Act.
            (2) A list of all the actions required by each applicable
        agency to complete permitting, reviews, and other actions
        necessary to obtain a final decision on the application.
            (3) The expected completion date for each such action.
            (4) A point of contact at the agency responsible for each
        such action.
            (5) In the event that an action is still pending as of the
        expected date of completion, a brief explanation of the reasons
        for the delay.
    (i) Pipeline Security.--In considering an application for an
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, the
Federal Energy Regulatory Commission shall consult with the
Administrator of the Transportation Security Administration regarding
the applicant's compliance with security guidance and best practice
recommendations of the Administration regarding pipeline infrastructure
security, pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
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